On September 10, 2008, Anne Milgram, the New Jersey Attorney General filed an amicus curiae brief in support of the Petitioners in the Airspace Redesign litigation currently pending in Court of Appeals for the District of Columbia Circuit. In it, the New Jersey Attorney General emphasizes the impact that the Airspace Redesign will have on New Jersey’s air quality and the FAA’s abject failure to address those air quality issues.
The amicus brief "concurs with and joins" in Petitioners’ argument that the Airspace Rdesign is not exempt from the Clean Air Act or EPA regulations, that FAA’s presumption of conformity for air traffic control procedures is not applicable to the Airspace Redesign; and that neither FAA’s regulations nor the record in this matter supports FAA’s "fuel burn study." The amicus brief goes on to state that the issues that face New Jersey as a result of the FAA’ decision, including inhibiting New Jersey’s ability to comply with the NAAQS under the Clean Air Act.
The brief also mentions that the FAA violated the National Environmental Policy Act (NEPA) because the Airspace Redesign was approved on the basis of an inadequate environmental impact statement. In particular, the brief argues that the EIS failed "to adequately inform the public of the noise impacts of the Airspace Redesign."
This brief, coupled with the brief that Sen. Arlen Specter (R-Pa.) and Sen. Christopher Dodd (D-Conn.) filed on September 5, 2008, provide the court with additional reasons why the EIS must be remanded back to the FAA for further consideration.